Wearing PPE the obligations of the employer and the employee

Why is PPE mandatory?

Personal protective equipment, employee safety governed by the labor code

The purpose of PPE (Personal Protective Equipment) is to protect employees against all possible risks that may arise in the workplace that may cause minor or major health problems : falling objects, falls from heights, burns, cuts, chemical reactions, even irreversible lesions, etc. Wearing this personal protective equipment makes it possible to guarantee the safety of workers in the best possible way even if zero risk does not exist, PPE makes it possible to reduce the risks and therefore accidents of work.

What PPE is required?

To define the mandatory PPE, you must determine the sector of activity as well as the working conditions in which you operate to determine the possible risks. Once the possible risks define, the choice of PPE is made. As a result, each profession has its mandatory PPE. For example, there are PPE specific to the construction sector, to the catering/kitchen, etc.

You should know that there are several main categories of PPE:

There are three main categories of personal protective equipment:

• Category 1 : protects the employee against all kinds of superficial attacks, both mechanical than chemical or physical ones.
• Category 2 : includes serious attacks that can be physical, chemical or mechanical, as well as shocks that affect vital parts of the body and which are likely to cause irreversible damage.
• Category 3: protect the worker against mortal hazards

Then there are several types of PPE:

• PPE for the head
• PPE for the ears
• PPE for eyes and face
• PPE for the respiratory tract
• PPE for the body
• PPE for upper limbs
• PPE for lower limbs

Each type of PPE consists of several PPE with standards specific to the needs. A cook and a foreman will not need the same safety shoe at the same time in terms of "style": low, high, basketball, in terms of materials, standards.

PPE standards

PPE is governed by Regulation (EU) 2016/425, this legislation promotes the improvement of the safety of PPE available on the market and guarantees that all PPE on the European market complies with the regulation and therefore with the relevant standards in force.

Here is a non-exhaustive list of current PPE standards:

• EN ISO 14404
• EN ISO 20471
• EN ISO 11612
• EN ISO 11611
• IEC 61482-2
• EN 13034
• EN 1149-5
• EN 343
• EN 407
• EN 14058
• ATEX AREAS

For more information on this subject, you can consult this page: click here.

Company, employer and employees must follow regulations for the wearing of means of protection such as PPE

To ensure the safety of employees, the employer and the employee themselves have safety obligations to work on a daily basis in the best conditions. Preventive measures are then taken to provide suitable equipment. These preventive actions require the establishment of a precise organization in terms of information notice, applicable technical rules, maintenance in conformity, expiry date. Measures that we will now discuss.

Obligations of the employer

In all companies, the employer has a obligation of safety with regard to its employees. European Directive 89/656 and Article R233 of the French Labor Code define the following obligations:

• List all the risks in the workplace and evaluate the levels of risk (Article R4121-1-1 of the Labor Code).
• Remove the risk: implement collective and individual means of protection
• Choose PPE adapted to the risks, indeed each construction trade has its specificities
• Inform employees about the risks, the conditions of use of PPE
• Train and train employees in the use of PPE.
• Provide employees free of charge PPE for personal use essential for their job (article R4323-95 of the Labor Code).
• Ensure employees use PPE
• Maintain PPE in a state of compliance
• Have periodically check the PPE according to the expiry date

Personal protective equipment is a measure for the prevention of occupational risks, with the aim of avoiding accidents at work. Wearing PPE has also become a legal obligation in certain areas of activity. In some professional environments, individual PPE is combined with collective protection, which is also necessary PPE. The goal being to minimize the risks, therefore an evolution of the risks is made upstream to put in place adequate individual and collective PPE.

What are the main obligations of employees with regard to PPE?

Workers also have their role to play in preventing accidents at work and in particular obligations with regard to PPE:

• use PPE in accordance with instructions (instructions or regulations)
• professional use only
• respect the conditions of use, storage and maintenance
• report defective or expired equipment
• cleaning and maintaining PPE

Personal protective equipment is mandatory. Any employee who refuses to wear PPE engages the employee liability in the event of an accident, thus exposing themselves to the risk of a serious accident as well as a sanction ranging from a fine to dismissal in the event of an accident, the employer will also have a sanction, which can go to a prison sentence in the worst case scenario for a lack of its safety obligations towards its employees. Workers and the head of the establishment/company have an equal share of responsibility.

Hardware check

The company, beyond providing this personal protective equipment, is responsible for ensuring the periodic verification of the PPE, this verification contributes to maintaining the compliance of the PPE, therefore ensure the safety and health of workers. The frequency of checks must be adapted to the constraints to which the PPE is subjected during its use (contact with chemical products, wear, etc.). It takes into account the information provided by the manufacturer in the instruction manual. According to the EPI, this verification is imposed on the employer, according to the decree of March 19, 1993, O.J. of March 28, 1993. This verification can be carried out by the manager himself or he can delegate this task to someone rigorous and trustworthy.

Don't forget PPE such as: headphones, or even safety shoe, safety trainers. They should be complemented with workwear: Work trousers, work overalls , or more specific workwear such as high-visibility clothing.